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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Obligations of Owner
56   Removal of barking dog causing distress




   56. Removal of barking dog causing distress---(1) This section shall
 apply in any case where, at any time after a notice under section 55 of
 this Act has been issued,---
   (a) The notice has not been cancelled under subsection (3) of that
         section; and
   (b) The notice has not been complied with; and
   (c) A dog control officer or dog ranger has received a further
         complaint and has reasonable grounds for believing that the
         nuisance in respect of which the notice is issued is continuing
         and is causing distress to any person.

   (2) In any case to which subsection (1) of this section applies, the
 dog control officer or dog ranger may enter upon the land or premises on
 which the dog is kept and remove the dog and the dog shall be kept in
 custody under section 70 of this Act.

   (3) Nothing in this section shall authorise any dog control officer or
 dog ranger to enter any dwellinghouse unless---
   (a) He or she is authorised in writing to do so by a Justice, who
         shall not grant such an authority unless the Justice is
         satisfied that the requirements of subsection (1) of this
         section have been met; and
   (b) He or she is accompanied by a constable.

   (4) Where a dog is removed pursuant to subsection (2) of this section,
 the dog control officer or dog ranger shall give written notice in the
 prescribed form to the owner of the dog or, if the owner is not present,
 the person for the time being appearing to be in charge of the land or
 premises and, if no person is present on the property, shall leave such
 notice in some conspicuous place on the land or premises.
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